HomeMy WebLinkAbout2010 - Encroachment into City Right-of-Way Agreement - Ivanek Benjamin - 20100601000735Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
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Return Address:
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
ON STATE RECORDER'S Cover Sheet RCW 65.04)
After recording return document to:
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
Document Title: Agreement for Encroachment into City Right -of -Way
Grantors: City of Tukwila
Grantee: Benjamin Ivanek
Legal Description: Riverside Interurban Tracts South 100 Feet of the North 180 Feet and
less County Road and less Portion for PSH# 5, less PSP &l Right of Way.
Assessor's Tax Parcel Number: 7340600022
AGREEMENT FOR ENCROACHMENT INTO CITY RIGHT -OF -WAY
LOCATION: 11928 Interurban Avenue Place South
PARCEL: 7340600022
WHEREAS, Benjamin Ivanek "Grantee built: Shed and fence
in the City of Tukwila(the "City right -of -way at 11928 Interurban Avenue
Place South
WHEREAS, Grantee recognizes that the City possesses police powers granted to
it by the Washington State Constitution, Art, XI to regulate its rights -of -way and to
generally provide for the public health, safety, and welfare; and
WHEREAS, the City likewise has the legal authority to abate any obstructions or
encroachments of its rights -of -way or utility easements under RCW 7.48; and
WHEREAS, Grantee recognizes that should the City at any time require access to
the right -of -way at the location described above, the City has the authority to remove any
obstructions or encroachments on the right -of -way, including the concrete block wall,
and shall charge the cost of such removal to the Grantee or other responsible property
owner; and,
WHEREAS, Grantee recognizes that the City also has the authority to file a
lawsuit requiring removal of any obstructions or encroachments in the right -of -way;
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NOW THEREFORE, in consideration of the promises and mutual covenants of
the parties set forth herein, the sufficiency of which consideration is hereby
acknowledged, IT IS HEREBY AGREED AS FOLLOWS:
1. Right -of -Way Use. The City hereby grants to the Grantee, the right and
permission to use the City right -of -way for the installation, repair, and maintenance of
Shed and Fence constructed within the portion of the right -of -way shown in Exhibit "A
This permission shall run with the land for the benefit of Grantee and its successors and
assigns. Grantee's ability to use the City right -of -way is not exclusive and the City may
require relocation in the future.
In exchange for and in consideration of the City's agreement to forbear any filing
of a lawsuit requiring removal of the obstruction or encroachment created by Grantee on
the right -of -way located at the address above and as shown on Exhibit "A Grantee
agrees to these terms and conditions and agrees to defend, indemnify, and hold the City
harmless as follows:
Grantee agrees to defend, indemnify and hold harmless the City from any and all
claims for damages brought by any party regarding the features /facilities constructed
shed and fence, its locations, maintenance, and repairs of the same, and shall defend,
indemnify and hold harmless the City from all liability for the City's actions taken, if
any, to remove the encroachment or obstruction from the City's right -of -way in the event
the City is required to do so to install, construct, repair, or otherwise maintain utilities
within the City's right -of -way. This indemnification shall include damages, costs, and
reasonable attorney's fees, and shall not apply with respect to any willful or negligent
tortious act or omission of the City.
Whenever the City determines that it is necessary for any of Grantee's facilities to
be moved or relocated to accommodate the construction, alteration, repair, or
improvement of the right -of -way for purposes of public welfare, health, or safety, City
shall notify Grantee in writing of such determination, and Grantee shall, within thirty
(30) days, submit plans for such relocation. Within ninety (90) days of the approval by
the City of the plans for relocation, Grantee shall relocate the shed and fence. All costs
of moving or relocating such facilities shall be the sole responsibility of Grantee.
If during the construction process Grantee or its contractor /subcontractor damages
utilities or other public or private property, Grantee shall immediately call 911 if the
damage results in a release of natural gas or other hazardous substance or potentially
endangers life, health, or property.
If, during construction or following completion of the shed and fence, any of
Grantee's action or lack of action to correct a situation related to the shed and fence
threatens life, health, or property, the City may order Grantee to immediately correct said
emergency situation, or at the City's discretion, undertake measures to correct the
situation itself. Grantee shall be liable for all costs, expenses, and damages attributed to
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the emergency as undertaken by the City. The City shall be reimbursed of all costs
within thirty (30) days of the completion of the emergency project.
This Agreement shall be recorded with King County Records and Grantee shall
pay the cost of said recording.
This Agreement shall be a covenant running with the above described real
property and burden said real estate, and shall be binding on the successors, heirs and
assigns of all parties hereto.
Approved as to Form
City of Tukwila
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CITY OF TUKWL Benjamin Ivanek
sjt
Bo Giberson
Public Works Department
STATE OF WASHINGTON
COUNTY OF KING
On this day, before me personally appeared BOB GIBERSON to me known to be the
PUBLIC WORKS DIRECTOR for the City of Tukwila, and executed this instrument on behalf of
the City of Tukwila in his capacity as PUBLIC WORKS DIRECTOR and acknowledged that he
is authorized to do so at their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIV under my hand and official seal th
2010.
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STATE OF WASHINGTON
COUNTY OF KING
On this day, before me personally appeared Benjamin Ivanek an
and sal persona() acknowledged th e /ttey signed
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